Daily Archives: September 5, 2026

Reckoning Limitation Period From Subsequent Manual Filing Date When Online GST Refund Application Was Already Acknowledged Is Illegal

By | September 5, 2026
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Reckoning Limitation Period From Subsequent Manual Filing Date When Online GST Refund Application Was Already Acknowledged Is Illegal Reckoning Limitation Period From Subsequent Manual Filing Date When Online GST Refund Application Was Already Acknowledged Is Illegal Issue Whether tax authorities can reckon the limitation period from a subsequent manual filing date under Rule 97A to… Read More »

ITC Disallowance Time-Bar Quashed as All GST Returns Were Furnished Before Mandatory November 30 Cut-off

By | September 5, 2026
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ITC Disallowance Time-Bar Quashed as All GST Returns Were Furnished Before Mandatory November 30 Cut-off Issue Whether input tax credit (ITC) under Section 16 of the CGST/KSGST Act can be disallowed on the ground of time limitation when all relevant GST returns for the periods December 2018 to March 2019, November 2019 to March 2020,… Read More »

INCOME TAX CASE LAW 05.08.2026

By | September 5, 2026
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INCOME TAX CASE LAW 05.08.2026 Section Case Law Title Brief Summary Citation Relevant Act Section 2 Myrah Trade and Business v. Deputy Commissioner of Income-tax (BPU-1) Unverified gold sale receipt of ₹25 lakh without KYC or proof of delivery was held to be a bogus arrangement to convert demonetized currency into transfer entries; attachment as… Read More »

Penalty Under Section 270A Is Valid for Non-Filing Under Section 139(1) Even if Returned Income Is Accepted Post-Notice Under Section 148

By | September 5, 2026
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Penalty Under Section 270A Is Valid for Non-Filing Under Section 139(1) Even if Returned Income Is Accepted Post-Notice Under Section 148 Issue Whether penalty under Section 270A(2)(b) for under-reporting of income is leviable where an assessee fails to file a return of income under Section 139(1) but subsequently files a return in response to a… Read More »

Absence of Section 143(2) Notice Renders Reassessment Non-Est, Precluding Revisionary Jurisdiction Under Section 263

By | September 5, 2026
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Absence of Section 143(2) Notice Renders Reassessment Non-Est, Precluding Revisionary Jurisdiction Under Section 263 Issue Whether a reassessment order passed under Section 147 read with Sections 144 and 144B without issuing a mandatory notice under Section 143(2) is legally valid, and whether the Principal Commissioner of Income Tax (PCIT) can exercise revisionary power under Section… Read More »

Dismissal of Appeal Under Section 249(4)(b) Remanded to CIT(A) as No Advance Tax Was Payable on Salary Subject to TDS

By | September 5, 2026
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Dismissal of Appeal Under Section 249(4)(b) Remanded to CIT(A) as No Advance Tax Was Payable on Salary Subject to TDS Issue Whether the CIT(A) was justified in dismissing the assessee’s appeal in limine under Section 249(4)(b) for non-payment of advance tax when the assessee’s sole income was salary subjected to full TDS under Section 192.… Read More »

No TDS Required under Section 194A on Interest Paid to Statutory Universities and Wholly Government-Owned Companies

By | September 5, 2026
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No TDS Required under Section 194A on Interest Paid to Statutory Universities and Wholly Government-Owned Companies Issue Whether a public sector undertaking is liable as an “assessee in default” under Section 201 for non-deduction of TDS under Section 194A on interest paid to statutory universities and wholly government-owned companies. Facts Assessee Status: The assessee is… Read More »

Assessment Order Passed in Name of Deceased Assessee Is Null and Void in Law

By | September 5, 2026
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Assessment Order Passed in Name of Deceased Assessee Is Null and Void in Law Issue Whether a reassessment/fresh assessment order passed under Section 153A read with Section 144 in the name of a deceased assessee is legally sustainable. Facts Assessment Year: Assessment Year 2014-15. Original Proceedings: The assessee filed the original return of income for… Read More »

Reassessment Notice Beyond Three Years Without Specified Authority Sanction and Consequent Penalty Under Section 270A Quashed

By | September 5, 2026
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Reassessment Notice Beyond Three Years Without Specified Authority Sanction and Consequent Penalty Under Section 270A Quashed Issue Whether a reassessment notice issued under Section 148 beyond three years from the end of the relevant assessment year without approval from the specified authority under Section 151(ii) is legally valid, and whether a penalty levied under Section… Read More »

Reassessment Notice Issued Beyond Supreme Court Extended Limitation Period Is Invalid and Void

By | September 5, 2026
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Reassessment Notice Issued Beyond Supreme Court Extended Limitation Period Is Invalid and Void Reassessment Notice Issued Beyond Supreme Court Extended Limitation Period Is Invalid and Void\ Issue Whether a show cause notice issued under Section 148A(b) beyond the extended limitation period granted by the Supreme Court is legally sustainable. Facts Assessment Year: Assessment Year 2013-14.… Read More »